EEOC and MSPB Advocacy

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Description: This is a class for those who represent parties before both the EEOC and MSPB. It can be adapted to particularly suit Agency or Employee representatives. There is an emphasis on practical exercises. The class culminates with a mock hearing, where the course participants play witnesses and advocates. The topics covered include: (1) the EEO laws; the theories of discrimination; the 1614 regulations, MD-110 and other EEOC Guidance; the Civil Service Reform Act; resolving and settling claims; advising managers at mediations; pre hearing conferences; taking discovery (e.g., conducting and defending depositions, writing and responding to interrogatories, etc.); analyzing evidence; selecting, preparing, presenting and cross examining witnesses; moving documents into evidence; making opening and closing statements; making objections or offers; motion practice (e.g., motions for summary disposition); appeal; post hearing issues; and other matters and (2) the Civil Service Reform Act, MSPB regulations, related laws EEO laws, whistleblower reprisal; charges and penalties; and the other matters, addressed in (1), above.

Table Of Contents
Page
A. Introduction And Overview To Representing The Agency Before The MSPB and EEOC 3

B. Statutory And Regulatory Base Of The Appeals System 4

C. A Closer Look At The MSPB's Processing Of Cases 13

D. MSPB: The Common Types Of Cases 50

E. MSPB: The Statutory Defenses 85

F. EEOC: A Closer Look - The 1614 Regulations 107

G. EEOC: Common Types Of Claims - Laws And Theories 125

H. Discovery 154

I. Pre Hearing Conferences 165

J. Settlement 170

K. Evidence 200

Page
L. Witnesses 211

M. The Hearing 242

Tab 1 Exercises

Tab 2 Overheads